Dollars to Discriminate: The (Un)intended Consequences of School Vouchers

Abstract

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy concerns that have not been extensively examined in recent research. Employing legal research methods, this article examines state voucher statutes and discusses the potential for voucher programs to discriminate against marginalized groups. We argue that each state has an obligation to ensure that any benefit it creates must be available to all students on a nondiscriminatory basis—including the benefit of a publicly funded voucher for attendance at a private school. As this review of existing voucher statutes will demonstrate, legislators appear to have neglected to construct policies that safeguard student access and ensure that public funds do not support discriminatory practices. Without additional safeguards, states risk providing public money that can be used to promote discriminatory policies and practices.