ERIC Number: ED113852
Record Type: Non-Journal
Publication Date: 1975
Recent Church-State Litigation.
Bryson, Joseph E.
After a brief synopsis of the 1974 legal activity centering on the church-state relationship, the speaker examines three particular cases: the United States Supreme Court decision in Wheeler v. Barrera, a Missouri district court decision in Luetkemeyer v. Kaufmann, and the Supreme Court decision in Franchise Tax Board of California v. United Americans for Public Schools. The first case is a complex one centering on three main issues: (1) Does Title I of the Elementary Secondary Education Act mandate public-supported teachers to provide remedial "on-the-premises" instruction during regular school hours in parochial school programs that are similar in substance to Title I programs in public schools? (2) Would a Title I funded teacher providing disadvantaged children with instruction in "on-the-premises" parochial schools violate the establishment clause of the First Amendment? (3) What type and limitation of "comparable" Title I services are parochial schools entitled to? In Luetkemeyer the court found that Missouri's statutes providing public bus transportation to public schools and disallowing public transportation to private and parochial schools are constitutional. In the third case, the Supreme Court affirmed that California's parochial aid "tax credit" statute is unconstitutional. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Aid, Parochial Schools, Private School Aid, State Aid, State Church Separation, Supreme Court Litigation
Available only as part of complete document, see EA 007 648
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Elementary and Secondary Education Act Title I