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Ch. 10 Public Funds and Nonpublic Schools

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Emily Lehne

on 21 August 2012

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Transcript of Ch. 10 Public Funds and Nonpublic Schools

Chapter 10: Public Funds and Nonpublic Schools While there have been many court cases determining whether or not public funds can be used in nonpublic schools, there is no cut and dry answer; it tends to be a very controversial issue. Enrollment in Nonpublic Schools practice slide "A significant increase in public aid for private schools could fundamentally alter the nature and structure of education in our nation." Martha McCathy, 2010 Controversial No clearly determined answer
nonpublic school bankruptcy would bring hundreds of thousands of abandoned students back into the public school system
most citizens prefer to address the church-state issue on principle, and not base it on economics
Does parochial aid represent a big step backwards in educational philosophy?
Does parochial aid violate the First Amendment?
Consider the child-benefit theory and the Lemon test (which may or may not be valid today). Child Benefit Theory Funding benefits the child directly, and not the private school or the churches
Many states have aligned their policies with the decisions of Cochran and Everson, which says it is legal to reimburse parents for busing of students to nonpublic schools, but not for the tuition
Alaska, Wisconsin, Oklahoma, and Delaware state courts have struck down authorizing free busing of children attending denominational schools Based on the child-benefit theory textbooks can be loaned to nonpublic school students
providing testing, scoring, diagnostic, and therapeutic services to nonpublic schools is constitutional
support of field trips, instructional material and equipment has been ruled unconstitutional
these measures aid the school, and not just the child Weisman, Jones, and Goluba “religious exercises may not be conducted at a graduation where those who object to the prayer are induced to conform.”
prayers are constitutional if they are student initiated, and do not involve school materials Aguilar-Agostini logic Aguilar: nonpublic schools were being used as part-time public schools, and being reimbursed by the state, while teaching secular subjects - unconstitutional
many states purchased mobile units to provide for the services mandated by Title I
some funding came from congress, and the rest from Title I allocation
Agostini: overturned Aguilar by a 5-4 vote because it led to considerable cost to education, but did not yield much constitutional benefit in regards to preventing entanglement between governmental and religious institutions. educational choice offers parents various alternatives to pick the educational setting they feel will work best for their child
Open Enrollment: allows parents to send their children to a public school in or out of their home district
Magnet Schools: public schools that specialize in certain curricular areas
Dual/concurrent enrollment: secondary students can enroll in postsecondary classes and apply those credits at the secondary or postsecondary institution
Home schooling: parents/guardians bypass the public school system and teach their children at home charter schools “semiautonomous public schools, founded by educators, parents, community groups or private organizations, that operate under a written contract with a state, district or other entity.”
funded with public taxpayer money
essentially a deregulated public school tuition tax credits allows parents to redirect their tax dollars to offset some of the expense from sending their children to a private school impact on overall school finance many question whether personnel in the public sector can operate schools efficiently and offer enough options to meet the needs of students
the failure of nonpublic schools would have a tremendous financial impact on public education
public education is underfunded; if additional revenue becomes available, shouldn’t it go to public schools first amendment an interrelationship between church and state is prohibited and direct government support for private or parochial schools is illegal... or is it???
the fourteenth amendment says, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...”
if state funding goes to benefit a child in a private or parochial school, but does not benefit the school is the first amendment being broken? Lemon test Lemon vs. Kurtzman 1971
The government’s action must have a secular legislative purpose
The government’s action must not have the primary effect of either advancing or inhibiting religion
The government’s action must not result in an “excessive government entanglement” with religion.
validity currently under question vouchers payments made to a parent or institution to pay for a child’s education expenses (usually at a private or parochial school)
can be funded through private sources or public tax dollars
each state has different standards for which schools qualify for education vouchers
+ gives parents a wider choice of education, schools would be better as a result of natural competition, brings the schools closer to the people whose children attend them
-chaos could develop if each school is allowed to set its own standards, values, subjects taught, and cost of attendance So what do you think? What do you think?
If state funding benefits a child in a parochial school, are we violating the first amendment?
If states enforce the first amendment, and do not assist parochial schools with funding, is the fourteenth amendment being broken by depriving students of their educational privileges? Q: What type of public school is funded through public money as well as private donations, students are selected based on a lottery system, but the school does not have to follow all of the same regulations as a traditional school? A: Charter Schools Q: What test, that is currently under question, has been used to determine if an event/situation violates the constitution regarding the separation of church and state? A: The Lemon test Q: What allows parents the right to select a public or nonpublic school, that is not considered their home school, and may or may not be in their home district? A: Educational Choice Q: Money that is paid (from public funds) to a school or parent to help cover the cost of nonpublic schooling is called... A: Vouchers Q: What is the program called when parents are able to offset some of the cost of their child's schooling through tax money? A: Tuition Tax Credits For those that are not familiar with Prezi:
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