ERIC Number: ED464959
Record Type: Non-Journal
Publication Date: 2001
Reference Count: N/A
The Legal Framework for Educational Privatization and Accountability.
Kemerer, Frank R.; Maloney, Catherine
This article explores how the law currently influences accountability in three different privatization contexts: (1) private schools operated independently of the state; (2) public schools operated by private organizations under charter or subcontract with government entities; and (3) private schools participating in publicly-funded voucher programs. A discussion of unconstitutional delegation law and the relationship between comprehensive regulation and the state action doctrine is included. Also featured is a comprehensive look at how a combination of constitutional, statutory, administrative, and charter/contract law has affected accountability of educational management organizations in Arizona, Michigan, and Massachusetts. Tables portraying accountability provisions in each state are included. The article concludes that there is a narrow policy-making channel between too little and too much regulation and that private organizations should not assume that they will be able to operate public schools or participate in publicly-funded voucher programs without surrendering some of their autonomy. (Contains 150 endnotes.) (SLD)
Publication Type: Reports - Descriptive
Education Level: N/A
Sponsor: Columbia Univ., New York, NY. National Center for the Study of Privatization in Education.
Authoring Institution: N/A
Identifiers - Location: Arizona; Massachusetts; Michigan