ERIC Number: ED058483
Record Type: RIE
Publication Date: 1971-Nov
Reference Count: 0
Legal and Constitutional Problems of Public Support for Nonpublic Schools.
Whelan, Charles M.; Freund, Paul A.
Two authors analyze the problems facing aid to nonpublic school education and review relevant court decisions, emphasizing the latest Supreme Court decisions on the subject. Charles M. Whelan provides an analytical framework for determining the constitutionality of various assistance forms. He suggests that each program should be submitted to three analytic levels: (1) the objective -- abstention from taxation or provision of positive assistance that requires an appropriation; (2) the form -- money, services, equipment, facilities, or material; (3) the channel -- direct recipient of the assistance (school, student, teacher, or parent.) Mr. Whelan notes a fundamental constitutional difference between "appropriation aid" and "tax benefits" in that appropriation aid, except in special cases, must be restricted to secular education while tax benefits need not be. Paul A. Freund examines specific types of proposed assistance and attempts to suggest which are legitimate. He discusses bus fares, other welfare assistance, textbooks, equipment and facilities, shared time, grants to pupils or families, tax deducations-credits, and preferential or exclusionary school policies. An appendix by both authors considers certain State and federal legislation plans, drafted before the Supreme Court decisions of June 28, 1971, that fall into two categories: grants to families and tax credits. (For related document, see ED 058 473.) (Author/JF)
Publication Type: N/A
Education Level: N/A
Sponsor: President's Commission on School Finance, Washington, DC.
Authoring Institution: Fordham Univ., New York, NY. School of Law.