A. Caleb Pirc (Regent University, School of Law) & Lili Pirc (Regent University, School of Law) have posted A Time for Choosing: The Impact of Uniformity Clauses in State Constitutions on School Choice Programs (15 Grove City Coll. J.L. & Pub. Pol'y (2024)) on SSRN. Here is the abstract:
In response to the rise of the modern school choice movement, opponents of school choice programs have claimed that various constitutional provisions bar school choice programs. Forced to change course after recent Supreme Court decisions, opponents have set their sights on a portion of the education provisions of state constitutions as their new tactic to undermine school choice programs: uniformity clauses. Opponents claim that these clauses prevent states from providing opportunities for parents to choose education options outside the traditional public school systems with public funds. While each clause must be independently analyzed according to its original public meaning, generally, these clauses do not preclude school choice proposals. Advocates of these programs must be aware of their requirements and effects when developing school choice proposals.
