Today, a parent's right to choose a private education for his or her children is reflected in the statutes of all 50 states. State regulation of private schools, however, is not without limitations. The challenge to state legislators in regulating private schools is to draft legislation that: (1) respects the fundamental right of parents to direct the education of their children; (2) protects the states' interest in an informed citizenry but avoids interference with religious beliefs unless compelling interests are at issue; and (3) avoids comprehensive regulation of private education that would deprive parents of any choice in education. This handbook presents findings of a study, initiated by the Office of Nonpublic Education, U.S. Department of Education, that conducted a state-by-state analysis of state laws regulating private education. The study, which includes all 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia, identified the following general areas of regulation advanced by state legislators: recordkeeping and reports, licensing/registration/accreditation, health and safety, curriculum, and public funding. The data show that none of the states regulates private schools in the same way. The report contains comparison charts depicting state oversight of private schools, state-mandated educational requirements, and public assistance to private schools and private school children. (LMI)

Nearly the whole of America’s partisan politics centers on a single question: Can markets solve our social problems? And for years this question has played out ferociously in the debates about how we should educate our children. From the growth of vouchers and charter schools to the implementation of No Child Left Behind, policy makers have increasingly turned to market-based models to help improve our schools, believing that private institutions—because they are competitively driven—are better than public ones. With The Public School Advantage, Christopher A. and Sarah Theule Lubienski offer powerful evidence to undercut this belief, showing that public schools in fact outperform private ones. For decades research showing that students at private schools perform better than students at public ones has been used to promote the benefits of the private sector in education, including vouchers and charter schools—but much of these data are now nearly half a century old. Drawing on two recent, large-scale, and nationally representative databases, the Lubienskis show that any benefit seen in private school performance now is more than explained by demographics. Private schools have higher scores not because they are better institutions but because their students largely come from more privileged backgrounds that offer greater educational support. After correcting for demographics, the Lubienskis go on to show that gains in student achievement at public schools are at least as great and often greater than those at private ones. Even more surprising, they show that the very mechanism that market-based reformers champion—autonomy—may be the crucial factor that prevents private schools from performing better. Alternatively, those practices that these reformers castigate, such as teacher certification and professional reforms of curriculum and instruction, turn out to have a significant effect on school improvement. Despite our politics, we all agree on the fundamental fact: education deserves our utmost care. The Public School Advantage offers exactly that. By examining schools within the diversity of populations in which they actually operate, it provides not ideologies but facts. And the facts say it clearly: education is better off when provided for the public by the public.

State Regulation of Private Schools provides a brief description for each state of state legal requirements that apply to K-12 private schools in the United States. This document is tended to serve as a reference for public and nonpublic school officials, state policymakers, researchers, and others.