ERIC Number: ED102221
Record Type: Non-Journal
Publication Date: 1974-Jun-10
Reference Count: N/A
Supreme Court of the United States. Syllabus. Wheeler et al. v. Barrera et al. Certiorari to the United States Court of Appeals for the Eighth Circuit.
Supreme Court of the U. S., Washington, DC.
Title I of the Elementary and Secondary Education Act of 1965 (the Act) provides for federal funding of special programs for educationally deprived children in both public and private schools. Respondents, parents of children attending nonpublic schools in Kansas City, Mo., brought this class action, alleging that petitioner state school officials arbitrarily and illegally were approving Title I programs that deprived eligible nonpublic school children of services comparable to those offered eligible public school children, and seeking injunctive and other relief. Petitioners answered that the aid sought by respondents exceeded Title I's requirements and contravened the State's Constitution and state law and public policy. First Amendment issues were also raised. The District Court denied relief. The Court of Appeals reversed and remanded. Held: (1) at this stage of the proceedings this Court cannot reach and decide whether Title I requires the assignment of publicly employed teachers to provide remedial instruction during regular school hours on the premises of private schools attended by Title I eligible students; (2) the Court of Appeals properly declined to pass on the First Amendment issue; and, (3) under the Act respondents are entitled to comparable services and therefore to relief. (Author/JM)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Supreme Court of the U. S., Washington, DC.
Identifiers - Location: Missouri
Identifiers - Laws, Policies, & Programs: Elementary and Secondary Education Act Title I