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ERIC Number: EJ763258
Record Type: Journal
Publication Date: 2004
Pages: 8
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-1539-9664
With Strings Attached
Briffault, Richard
Education Next, v4 n3 p58-65 Sum 2004
In a December 2003 decision, a Colorado trial court judge invalidated the state's new school voucher program. The decision was unusual in that the court relied not on traditional separation-of-church-and-state concerns, but instead on a provision of the Colorado state constitution that vests control over public education in local school boards. The court held that by failing to give local school boards any "input whatsoever into the instruction to be offered by the private schools" that accepted voucher students, the state had violated the constitutional provision that grants local boards "control of instruction in the public schools of their respective districts." This article discusses the longstanding tension in American education law, reviewing the legal status of school boards; state interest in education and school boards' corresponding resistance to state intervention; and the benefits of local control.
Hoover Institution. Stanford University, Stanford, CA 94305-6010. Tel: 800-935-2882; Fax: 650-723-8626; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Colorado