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New Report by National Expert Declares School Choice Constitutional in North Carolina

WEB RELEASE: April 24, 2006
CONTACT:
Lisa Knepper, (703) 682-9320 or
Mitch Kokai, (919) 306-8736


[School Choice]


Arlington, Va.—School choice programs would not only be constitutional in North Carolina, they would be consistent with the state’s long history of innovative educational efforts, according to a new report released today, written and researched by the Institute for Justice and presented by the North Carolina Education Alliance (NCEA).

School choice legal expert David Roland authored the report, “School Choice and the North Carolina Constitution.”  Roland is an attorney with the non-profit Institute for Justice, which litigates school choice cases nationwide and successfully defended Cleveland’s school choice program before the U.S. Supreme Court on behalf of parents.

Roland is traveling the state of North Carolina to answer questions about the report and legal issues involving school choice programs, including school vouchers and tax credits.  He will speak at noon in Charlotte at Alston & Bird LLP, 101 South Tryon Street, and at 6:30 p.m. in Asheville at Olive Garden, 121 Tunnel Road.  Additional events are planned in Greensboro on Tuesday, Durham on Wednesday and in Wilmington on Thursday.

For more information on these events, contact Mitch Kokai at (919) 306-8736. 

            “There is no question that school choice is fully consistent with North Carolina’s Constitution, legal history and innovative educational practices,” said Roland.  “When school reform advocates propose programs to empower parents to choose the best schools for their children, school choice opponents—usually teachers’ unions and their allies—always claim they are unconstitutional.  This report shows that especially in North Carolina, nothing could be further from the truth.”

“Our state constitution is free from restriction and encumbrance,” said Lindalyn Kakadelis, NCEA director.  “North Carolinians need, indeed want, options for educating their children.  There is no better time to release the marketplace of ideas and provide choice in every aspect of education.”  

NCEA has produced research and information on the benefits of school choice from programs across the country.  The group has been spreading the word about the potential impact of choice on North Carolina.

“School Choice and the North Carolina Constitution” refutes every legal argument usually made by school choice opponents.  In plain English, the report draws on state law to explain why:

  • School choice is consistent with the state Constitution’s requirement that the Legislature provide a “general and uniform” system of free public schools.
  • The recent Florida Supreme Court decision against school choice would not apply in North Carolina.
  • School choice programs that enable parents to choose from a range of educational options, including private and religious schools, are constitutional in North Carolina—and elsewhere.

“School Choice and the North Carolina Constitution” is available online at www.ij.org and www.nceducationalliance.org.

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