ERIC Number: ED162426
Record Type: Non-Journal
Publication Date: 1978-Jun
Reference Count: N/A
Re: State Aid to Non-Public Schools. Occasional Paper #3.
Fowler, William J., Jr.
Supreme Court decisions, New York State laws, and Fleischmann Commission findings all determine how New York may aid nonpublic schools. The Supreme Court has upheld a New Jersey law permitting reimbursement to parents for transportation of children attending sectarian schools. It also allowed a New York statute providing textbooks to both public and nonpublic school students. In 1971 the Court handed down the "Lemon Doctrine" summarizing the three tests for all state aid statutes: the statute must have a secular purpose, not advance nor inhibit religion, and not produce an excessive governmental entanglement with religion. By these criteria the court struck down a Rhode Island law giving a salary supplement to private school teachers and a Pennsylvania law reimbursing nonpublic schools for salaries, textbooks, and instructional materials. No Supreme Court decision has found that any state legislation passed all three tests. The Court also struck down a portion of a Pennsylvania law providing auxiliary services to nonpublic schools. State aid to New York nonpublic schools is made more difficult by a strict state constitutional prohibition. New York's Fleischmann Commission reaffirmed the Lemon Doctrine and concluded that vouchers, tuition grants, or student or parent aid plans would be unconstitutional. (Author/JM)
Publication Type: N/A
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: New York
Identifiers - Laws, Policies, & Programs: First Amendment