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• W55144945 abstract "Congress enacted Title I of the Elementary and Secondary Education Act of 1965 provide full educational opportunity to every child regardless of economic background. Under Title I school districts receive and spend federal funds for remedial education, guidance, and job counseling for eligible students. Eligibility is based residence in low-income areas and failing - or being at risk of failing - the state's student performance standards. Title I funds are not limited to eligible children in public schools; services to eligible students in private schools must be equitable in comparison to services and other benefits for public school children. However, special restrictions do apply, such as 1) the school district must retain complete control over the funds, 2) the district must provide the services through public employees or other persons independent of the private school and any religious institution, and 3) the services must supplement, not supplant, the level of services provided by the private school and must be secular, neutral, and nonideological. The New York City Board of Education first applied for Title I funds in 1966 and has grappled ever since with how to provide Title I services to the private school students, especially those in parochial schools, within its jurisdiction. Its initial arrangement, which was to transport the children to public schools for after-school Title I instruction, was largely unsuccessful; attendance was poor, teachers and children were tired, and parents were concerned with safety. The board next tried after-school instruction the private school campuses, which also yielded mixed results. Then the board offered Title I services private school premises during school hours. Under this arrangement, the Title I teachers, who were district employees, received a detailed set of rules spelling out the secular purpose of the program, and a board field supervisor made unannounced monthly visits to monitor compliance. In 1978, six taxpayers from New York City filed suit in federal court, claiming that the board's third arrangement violated the establishment clause of the First Amendment. In 1985, after appeals to and beyond the Second Circuit, the Supreme Court issued a 5-4 decision in Aguilar v. Felton finding the board's program to be unconstitutional because of an excessive entanglement of church and state in the administration of [Title I] benefits.(1) On remand, the federal district court permanently enjoined the board from offering Title I instruction and counseling services provided by public school personnel on the premises of sectarian The board then arranged for Title I services to be offered at public school sites, at leased neutral sites, in mobile units parked near sectarian schools, or by means of computer-assisted instruction (CAI) the premises of sectarian schools. The costs of compliance were significant. Since the 1986-87 school year, the board has spent over $100 million providing CAI, leasing sites and mobile units, and transporting students. In October and December 1995, the board and a group of parents of eligible parochial school students filed motions in the district court seeking relief from the permanent injunction under Aguilar. The district court recognized that the plaintiffs were seeking a procedurally sound vehicle to get the issue back before the Supreme Court, and it denied the motions. On appeal, the Second Circuit affirmed. On 23 June 1997, the Supreme Court voted 5-4 in Agostini v. Felton to reverse Aguilar.(2) While rejecting two of the three grounds argued by the plaintiffs - the costs of compliance and the dicta of five of the justices in favor of reconsidering or overruling Aguilar(3) - the majority decision relied the significant change in the legal landscape represented by the Court's establishment clause decisions since Aguilar. More specifically, the majority concluded that more recent rulings have so undermined Aguilar and its companion case, School District of Grand Rapids v. …" @default.
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• W55144945 date "1997-12-01" @default.
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• W55144945 title "A Rare Religious Reversal." @default.
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