The Implications of the Use of Parental Choice as a Legal “Circuit Breaker”

Julie F. Mead, Maria M. Lewis

Research output: Contribution to journalArticlepeer-review

5 Scopus citations

Abstract

This study explores four instances where parental choice has been employed as a legal “circuit breaker”: (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a provision of the Individuals with Disabilities Education Act (IDEA) related to parental refusal to consent to initial special education services. In each example, while the end result would not be legally permitted if directed by some governmental decision maker, the presence of parental choice produces a permissible indirect path to the same policy outcome. This study traces the legal underpinnings of each example and discusses their implications for policymakers and practitioners.

Original languageEnglish (US)
Pages (from-to)100-131
Number of pages32
JournalAmerican Educational Research Journal
Volume53
Issue number1
DOIs
StatePublished - Feb 1 2016

All Science Journal Classification (ASJC) codes

  • Education

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