Chapter 10
Public Funds and Nonpublic Schools
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A Controversial Issue
•arguments of proponents for direct public aid to nonpublic schools
parents should have freedom of choice
no evidence of divisiveness in education
failure of nonpublic schools would impact public education
financing
free exercise clause of First Amendment
•arguments of opponents of direct aid to nonpublic schools
parochial aid represents a backward step for country
private schools may discriminate against race and religion
violates establishment clause of First Amendment
solution of problem should be based on principle, no economics
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•courts have relied on Lemon v. Kurtzman 3-part test
statute must have secular legislative purpose
principle or primary effect must not advance nor inhibit religion
statute must not foster excessive government entanglement with
religion
•cases involving constitutionality of ceremonial prayer at public schools
events
Lee v. Weisman (1992)
Jones v. Clear Creek Independent School District (1992)
Goluba v. Ripon (1995)
Sante Fe Independent School District v. Doe (2000)
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Nonpublic School Enrollments
•about 10% of U.S. K-12 students in nonpublic schools
•nonpublic school students in certain states and large cities
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The Law and Church-State Relations
•legal provisions for separation
U.S. Constitution Article VI, Section 3 and First Amendmentprinciples of freedom of religion and separation of church
and state
•courts and child-benefit theory
Cochran v. Louisiana State Board of Education (1930)-upheld
providing free textbooks paid by tax funds for nonpublic
students
Everson v. Board of Education (1947)-tax funds used to
reimburse parents for bus fares to attend nonpublic
schools
Meek v. Pittenger (1975)-allowed loaning of textbooks to
nonpublic schools
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Wolman v. Walter (1977)-books, testing, scoring, diagnostic,
and therapeutic services for nonpublic students
constitutional
Witters v. Washington Department of Services (1986)vocational assistance for nonpublic students
constitutional
Pennsylvania (1968)-state harness racing revenues for
nonpublic school education fund
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Intervention by the Courts
•1971-Pennsylvania law declared unconstitutional as violation of
principle of separation of church and state
•Supreme Court rulings
Tilton v. Richardson-sustained
Lemon v. Kurtzman-rejected
DiCenso v. Robinson-rejected
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Educational Choice
•school choice-greatly debated
•areas of choice
open enrollment
magnet schools
dual/concurrent enrollment
charter schools
vouchers
tax credits and deductions
home school
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•education vouchers
to be spent at school selected—plans vary
advantages and disadvantages
experiments-California & Milwaukee
court cases-various rulings
•tax credits
some states-tax relief programs
•charter schools
choice movement-slow gains
defining charter schools challenging
lack of understanding of charter school concept
movement grown significantly since 1st one in ’92-’93
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Controversy Not Solved
•relation of church and state-implications for school finance
•future difficult to predict
•topic of choice—hot educational issue
•issue of financial support to nonpublic schools remains
unresolved
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