ERIC Number: EJ1101412
Record Type: Journal
Publication Date: 2016
Abstractor: As Provided
Reference Count: 23
Stare Decisis: Dueling Legal Interpretations of the Douglas County, Colorado Choice Scholarship Program
Fox, Robert A.
Journal of School Choice, v10 n2 p140-170 2016
In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation history of the Douglas County, Colorado Choice Scholarship Program; a voucher program incorporating religious-based "public school partners" in which voucher recipients may enroll. We take particular notice of the differences in the way identical fact bases are interpreted by successive jurists. At this writing, the Choice Scholarship Program has been permanently enjoined from operating but further appeal to the U.S. Supreme Court would surprise no one.
Descriptors: Scholarship, Policy Analysis, Court Litigation, Legal Problems, Educational Vouchers, Educational History, Church Role, School Choice, County Programs, School Taxes, Constitutional Law, Dissent, Persuasive Discourse, Educational Finance
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Location: Colorado