ERIC Number: EJ1092547
Record Type: Journal
Publication Date: 2016-Feb
Abstractor: As Provided
The Implications of the Use of Parental Choice as a Legal "Circuit Breaker"
Mead, Julie F.; Lewis, Maria M.
American Educational Research Journal, v53 n1 p100-131 Feb 2016
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.
Descriptors: Parents, Legal Responsibility, Federal Legislation, Parent Rights, Court Litigation, Educational Finance, Financial Support, Student Placement, Racial Factors, Single Sex Schools, Disabilities, Special Education, Constitutional Law, Freedom of Speech, Religion, Citizenship, Gender Discrimination, Educational Legislation, Sex Fairness, Equal Education, School Choice, Educational Discrimination, State Government, Federal Government
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Publication Type: Journal Articles; Reports - Evaluative; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; First Amendment; Fourteenth Amendment; Individuals with Disabilities Education Act; Title IX Education Amendments 1972