Are there any circumstances in which courts have awarded “voucher” remedies for educational deprivations?
Yes. Under the Individuals with Disabilities in Education Act, federal and state courts consistently have ruled that where public schools fail to provide disabled youngsters “appropriate” education, they must provide such opportunities in private schools. 11. How can school choice activists take steps to effectively defend their programs? By building a legal strategy into legislation, school choice proponents can help insure that their success in the legislative arena will not be undone in the courts. Once a school choice program involving private schools is enacted, litigation is certain. As in the legislative process, the opponents of choice will spare no expense to bring down the program. Leaving the program’s defense to government lawyers is extremely risky. We strongly believe that school choice programs will not successfully be defended unless parents and children are present and effectively represented in the courtroom. A highly coordinated effort, not only in the courtroom but
