Finance in Education Chapter 10 Controversial Issue The courts have usually disallowed direct state financial support to private and parochial schools. Controversial Issue Those who favor direct public aid to nonpublic schools base their arguments on the following: 1. 2. 3. 4. Parents should have freedom of choice in the education of their children. There is o evidence to support the fear that divisiveness in education will be caused by the existence and operation of nonpublic schools. The failure of nonpublic schools would create a tremendous impact on the financing of public education. The free exercise clause of the First Amendment allows such actions. Controversial Issue Opponents of direct aid to nonpublic schools argue that: 1. 2. 3. 4. Parochial aid represents a backward step, since this country once maintained such a system of education but has since altered the concept. Private schools tend to discriminate against students in terms of race and religious background. Such a practice violates the establishment clause of the First Amendment. Solution of the problem should be based on principle, not on economic considerations. The Law and Church-State Relations Legal Provisions for separation: The U.S. Constitution Article IV, Section 3, and especially the First Amendment that was include in 1971 placed in U.S. law the principles of freedom of religion and separation of church and state. Article VI provides that “no religious test should ever be required as a qualification to any office our public trust under the US The First Amendment declares Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The Law and Church-State Relations The principle of separation has generally been observed, but interpretation of it has sometimes changed, The courts have sometimes supported a child-benefit theory and some forms of tax credit payments for elementary and secondary school students, if such action passed the Lemon test. Educational Choice The negative claims against the public schools have included their aleged discrimination against the gifted and the disabled, their presumed failure to teach students fundamental skills, and their reputation for fostering inequality among the races and between the sexes. These and numerous other charges have resulted in various proposals for radical changes in the organization and administration of schools. Educational Choice Public schools offer some choices for students, including open enrollment, magnet schools, cooperation with home schools, postsecondary concurrent programs, schools within a school, alternative schools in and out of the district, high school graduation incentives, charter schools, and area learning centers. Parents are looking for more freedom in selection outside the public schools The areas of choice that are most prevalent in the country center on vouchers, tax credits, and charter schools. Educational Vouchers It is claimed that such an arrangement would allow parents a choice among the educational programs available to their children by paying the amount required above the cost allowed by the voucher. The schools could be of any type – private, parochial, or public – provided they met the established state standards. Tax Credits Tax credits would indirectly divert some public funds to the support of nonpublic schools Charter Schools Charter schools are publicly financed but largely independent schools. They generally are created around a specific teaching philosophy, subject areas, or other special emphasis and attract students throughout a district who want an alternative to the regular public schools. Controversy Not Solved The church-state controversy has had and will continue to have an important effect on state school finance systems. Nonpublic schools, like public schools, are being adversely affected by continually rising costs, which sometimes force nonpublic schools to discontinue their services. This places a greater financial burden on the public shcools.