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

This guide, published jointly by American Legislative Exchange Council and the Institute for Justice, was written for legislators interested in advancing educational choice in their states. It is well established that school choice programs do not violate the U.S. Constitution, but many state constitutions still present barriers to new programs. This guide assesses the relevant consitutional provisions in each state, how those provisions have been interpreted in the courts, and which program designs are best suited for their states' particular legal circumstances.