ERIC Number: ED413715
Record Type: Non-Journal
Publication Date: 1997-Oct-14
Reference Count: N/A
Publicly Funded Special Education in Parochial/Private Schools.
Villani, Christine J.
This paper discusses Supreme Court decisions that have affected the ability of children with disabilities in private schools to receive publicly funded services. First, the court case of Aguilar vs. Felton, which found that Title 1 services provided to educationally deprived children in parochial schools violated the Establishment Clause, is reviewed. The paper then outlines the rights of children with disabilities who attend private schools under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. Finally, the Supreme Court case Agostini vs. Felton, which overruled the Aguilar decision, is analyzed. This court case found that the Title 1 program does not result in governmental indoctrination, define its recipients by reference to religion, or create an excessive entanglement. Nor could the program be viewed as an endorsement of religion. Further legal basis for the Court's decision is provided. (CR)
Publication Type: Reports - Descriptive; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Elementary and Secondary Education Act Title I