The Supreme Court and Public Funds for Religious Schools

The Supreme Court and Public Funds for Religious Schools
Author: Joseph E. Bryson
Publisher:
Total Pages: 368
Release: 1990
Genre: Education
ISBN:

Details the American experience of public funding for religious elementary and secondary schools from 1620 to 1986, with special emphasis on the Burger Court. Every Supreme Court church-state case tangential to the use of public funds for religious schools during the Burger years is recorded with analysis. Annotation copyrighted by Book News, Inc., Portland, OR

The Ambiguous Embrace

The Ambiguous Embrace
Author: Charles L. Glenn
Publisher: Princeton University Press
Total Pages: 332
Release: 2002-02-10
Genre: Education
ISBN: 069109280X

This is a time of far-reaching change and debate in American education and social policy, spurred in part by a rediscovery that civil-society institutions are often better than government at meeting human needs. As Charles Glenn shows in this book, faith-based schools and social agencies have been particularly effective, especially in meeting the needs of the most vulnerable. However, many oppose providing public funds for religious institutions, either on the grounds that it would threaten the constitutional separation of church and state or from concern it might dilute or secularize the distinctive character of the institutions themselves. Glenn tackles these arguments head on. He builds a uniquely comprehensive and persuasive case for faith-based organizations playing a far more active role in American schools and social agencies. And, most importantly, he shows that they could do so both while receiving public funds and while striking a workable balance between accountability and autonomy. Glenn is ideally placed to make this argument. A leading expert on international education policies, he was for many years the director of urban education and civil rights for the Massachusetts Department of Education, and also serves as an Associate Minister of inner-city churches in Boston. Glenn draws on all his varied experience here as he reviews the policies and practices of governments in the United States and Europe as they have worked with faith-based schools and also with such social agencies as the Salvation Army and Teen Challenge. He seeks to answer key theoretical and practical questions: Why should government make greater use of faith-based providers? How could they do so without violating First Amendment limits? What working relationships protect the goals and standards both of government and of the organizations that the government funds? Glenn shows that, with appropriate forms of accountability and a strong commitment to a distinctive vision of service, faith-based organizations can collaborate safely with government, to their mutual benefit and that of those they serve. This is a major contribution to one of the most important topics in political and social debate today.

Lemon V. Kurtzman

Lemon V. Kurtzman
Author: Leah Farish
Publisher: Enslow Publishing
Total Pages: 132
Release: 2000
Genre: Education
ISBN: 9780766013391

Discusses the details and the impact of the Supreme Court's decision in Lemon v. Kurtzman, which was about the use of public funds in connection with religion.

God, Schools, and Government Funding

God, Schools, and Government Funding
Author: Laurence H. Winer
Publisher: Routledge
Total Pages: 290
Release: 2016-04-15
Genre: Law
ISBN: 1317126432

In recent years, a conservative majority of the U.S. Supreme Court, over vigorous dissents, has developed circumventions to the Establishment Clause of the First Amendment that allow state legislatures unabashedly to use public tax dollars increasingly to aid private elementary and secondary education. This expansive and innovative legislation provides considerable governmental funds to support parochial schools and other religiously-affiliated education providers. That political response to the perceived declining quality of traditional public schools and the vigorous school choice movement for alternative educational opportunities provokes passionate constitutional controversy. Yet, the Court’s recent decision in Arizona Christian School Tuition Organization v. Winn inappropriately denies taxpayers recourse to challenge these proliferating tax funding schemes in federal courts. Professors Winer and Crimm clearly elucidate the complex and controversial policy, legal, and constitutional issues involved in using tax expenditures - mechanisms such as exclusions, deductions, and credits that economically function as government subsidies - to finance private, religious schooling. The authors argue that legislatures must take great care in structuring such programs and set forth various proposals to ameliorate the highly troubling dissention and divisiveness generated by state aid for religious education.

The Schoolhouse Gate

The Schoolhouse Gate
Author: Justin Driver
Publisher: Vintage
Total Pages: 578
Release: 2019-08-06
Genre: Law
ISBN: 0525566961

A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

NeoVouchers

NeoVouchers
Author: Kevin Grant Welner
Publisher: Rowman & Littlefield
Total Pages: 195
Release: 2008
Genre: Business & Economics
ISBN: 0742540790

While school vouchers have captured the headlines, a different policy has captured the students. Tuition tax credit laws are now entrenched in Arizona, Florida, Pennsylvania, Rhode Island, Iowa, and Georgia, and they affect far more students. Yet few people understand the nature of these policies or the political and legal issues surrounding them. This book provides a comprehensive analysis of the structure, legality, and policy implications of tuition tax credits, which have garnered only scant attention even while expanding to cover more students than the voucher policies they're designed to emulate. At a time when tax credit policies are becoming a major form of American school choice, this book offers insights into both the strengths and weaknesses of the approach. Book jacket.