ERIC Number: ED228703
Record Type: RIE
Publication Date: 1981-Feb-24
Reference Count: 0
"Kentucky v. Rudasill": Another Blow to State Regulation of Nonpublic Schools.
Turner, William Lloyd
"Kentucky v. Rudasill" involves state regulation of 22 Christian schools recently established by fundamentalist churches. The schools used the "Accelerated Christian Education" curriculum; the Kentucky Department of Education refused them accreditation because they did not use state-approved textbooks or state-certified teachers. The schools sued, claiming that churches have a right to operate schools free of state regulation. After a circuit court decision favoring the schools, the Kentucky Supreme Court ruled the state could enforce fire, health, and safety regulations and some standardized testing requirements, but could not require use of state-approved teachers and textbooks. The U.S. Supreme Court, without comment, refused to review the decision. "Kentucky v. Rudasill" is one of many recent court and government actions regarding public regulation of nonpublic schools, involving state court decisions, tuition tax credits, and tax exemptions for racially discriminatory schools. The Kentucky decision is different because it forbids state regulation of nonpublic schools beyond certain limits. The decision may apply only to Kentucky, but among its implications are that education may not be a "compelling state interest," definitions of "religion" may become problematic, and it is still unclear whether states may regulate nonpublic education (RW)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Kentucky v Rudasill; State Regulation
Note: Faculty Lecture presented at Union College (Barbourville, KY, February 24, 1981).