Chapter 10 Public Funds and Nonpublic Schools This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Copyright © Allyn & Bacon 2008

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 Copyright © Allyn & Bacon 2008

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) Copyright © Allyn & Bacon 2008

Nonpublic School Enrollments about 10% of U.S. K-12 students in nonpublic schools nonpublic school students in certain states and large cities Copyright © Allyn & Bacon 2008

The Law and Church-State Relations legal provisions for separation  U.S. Constitution Article VI, Section 3 and First Amendment- principles 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 Copyright © Allyn & Bacon 2008

 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 Copyright © Allyn & Bacon 2008

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 Copyright © Allyn & Bacon 2008

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 Copyright © Allyn & Bacon 2008

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 1 st one in ’92-’93 Copyright © Allyn & Bacon 2008

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 Copyright © Allyn & Bacon 2008