Analyzing a
Court Decision
An overview of Aid to
Nonpublic Schools
presented by Bart Fennemore
Reimbursement
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Case: Lemon v. Kurtzman
Court: 403 U.S. 602
 States with large percentages of private schools that were/are
religious-affiliated had legislatures attempting to pass laws
allowing for financial aid for these schools. The first amendment
issue of proper separation of church and state was addressed.
 Excessive entanglement between government and religion.
Case: Levitt v. Committee for Public Education and [sic] Religion
Liberty
Court: 413 U.S. 472
 Court ruled that reimbursement for expenses on state or state
required records and recordkeeping would go against the first
amendment's separation of church and state.
Reimbursement
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Case: Committee for Public Education and Religious Liberty v.
Regan
 Reversed ruling from the Levitt case on the matter of
reimbursement for expenses related to "keeping official
attendance, and other records, for administering three state tests,
and for grading two of the tests," as there had been a revision to
the law.
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Case: Committee for Public Education and Religious Liberty v.
Nyquist
Court: 413 U.S. 576
 No reimbursement for maintenance or repair, nor tuition
reimbursement for qualifying parents or tax relief for those that
did not.
 Law was in violation of the Establishment Clause.
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Case: Sloan v. Lemon
Court: 413 U.S. 825
 No tuition-grant allowed.
Resources
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Case: Meek v. Pittenger
Court: 421 U.S. 349
 Limited the amount of aid given to "exceptional, remedial, or
educationally disadvantaged nonpublic school students" to
textbook-loan only.
 Ruling made because it would appear to advance religion given
that a majority of the schools that would benefit were religious
schools.
Case: Wolman v. Walter
Court: 433 U.S. 229
 Allowed for the state, Ohio, to aid students with books, as well as
testing, diagnostic, therapeutic, and remedial services. Bellsand-whistles aid (i.e. field trips) was ruled unlawful.
Resources
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Case: Agostini v. Felton
Court: Supreme Court | Court: 521 U.S. 203
 Allowed Chapter I/Title I monies to be used in nonpublic schools.
 Overruled Aguilar v. Felton (473 U.S. 402) and Grand Rapids
School District v. Ball (473 U.S. 373)
 Key points:
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Does aid result in governmental indoctrination?
Are recipients defined by religious reference?
Does aid create an excess entanglement of government and religion?
Case: Mitchell v. Helms
Court: Supreme Court | Court: 530 U.S. 793
 Allowed for loaning of computers, software, and library books to
religious schools (nonpublic schools).
 As long as allocation of resources was based in neutrality toward
all contending parties this was an allowable law.
 Overruled holdings in Meek v. Pittenger and Wolman v. Walter
Tax-Deductions & Vouchers
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Case: Mueller v. Allen
Court: 463 U.S. 388
 Minnesota tax law, an allowable deduction, upheld because it was
indiscriminate of who it benefited.
 Another case was unlawful because it was discriminate,
benefiting only families of nonpublic school children (Public
Funds for Public Schools of New Jersey v. Byrne)
Case: Zelman v. Simmons-Harris
Court: 536 U.S. 639
 Vouchers were given to parents allowing students to attend a
public or nonpublic school of their parents' choosing.
 Religious-affilitated schools were chosen most and because the
program allowed students (funds) to go to the place of their
choosing indiscriminately it was upheld.
Transportation
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Case: Everson v. Board of Education of Township of Ewing
Court: Supreme Court
Court: 330 U.S. 1
 Transportation for nonpublic school students is allowable.
Case: Members of the Jamestown School Committee v. Schmidt
Court: 405 A.2d 16
 Transportation for nonpublic school students is allowable.
Case: Board of Education of the Town of Stafford v. State Board
of Education
Court: 243 Conn. 772 (Connecticut Supreme Court)
 Transportation for nonpublic school students is allowable
regardless of school schedule.
Tax-Exemption Status
Case: Bob Jones University v. United States
 Court: 463 U.S. 574
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Tax exemption status stripped because racial
policy of school was not "charitable" as required
by the IRS code.