AGOSTINI v. FELTONAGOSTINI v. FELTON

Agostini v. FeltonAgostini v. Felton, , 521 U.S. 203 (1997)521 U.S. 203 (1997)

Is the Establishment Clause violated Is the Establishment Clause violated when public school teachers instruct in when public school teachers instruct in

parochial schools?parochial schools?

Title I of the Elementary and Title I of the Elementary and Secondary Education ActSecondary Education Act

Enacted by Congress in Enacted by Congress in 19651965

Provides remedial Provides remedial instruction to instruction to economically economically disadvantaged studentsdisadvantaged students

Districts are required to Districts are required to provide services to as provide services to as many children as possible many children as possible including those attending including those attending parochial schoolsparochial schools

Aguilar v. FeltonAguilar v. Felton473 U.S. 402 (1985)473 U.S. 402 (1985)

Did New York City’s Did New York City’s decision to use Title I decision to use Title I funds to pay salaries funds to pay salaries of parochial school of parochial school teachers violate the teachers violate the Establishment Clause Establishment Clause of the First of the First Amendment?Amendment?

Aguilar v. FeltonAguilar v. Felton Since 1966 NYC had used portions of its Title I funding Since 1966 NYC had used portions of its Title I funding

to pay salaries of employees who taught in parochial to pay salaries of employees who taught in parochial schoolsschools

Taxpayers sued NYC school board saying New York’s Taxpayers sued NYC school board saying New York’s program violated the Establishment Clause.program violated the Establishment Clause.

Supreme Court held that public employees would be Supreme Court held that public employees would be unable or unwilling to ignore the religious environment in unable or unwilling to ignore the religious environment in which they were providing services.which they were providing services.

Means to avoid employees adding their religious ideas Means to avoid employees adding their religious ideas into the content of instruction resulted in excessive into the content of instruction resulted in excessive entanglement.entanglement.

In remand, NY schools were not allowed to provide In remand, NY schools were not allowed to provide services in private schools.services in private schools.

Cost of providing Title I services Cost of providing Title I services outside of the private school settingoutside of the private school setting

Most common Most common method of providing method of providing services became services became mobile classrooms / mobile classrooms / buses.buses.

NY schools spent NY schools spent $100 Million From the $100 Million From the time Aguilar was time Aguilar was handed down until handed down until 1996.1996.

Agostini v. FeltonAgostini v. Felton In 1996 New York Board In 1996 New York Board

of Education Sought relief of Education Sought relief from the injunction set from the injunction set down by Aguilar.down by Aguilar.

Sited Federal Rule of Sited Federal Rule of Civil Procedure 60(b)(5) Civil Procedure 60(b)(5) by which the court can by which the court can excuse a party from a excuse a party from a judgment in a case when judgment in a case when it is no longer equitable. it is no longer equitable.

Board argued that circumstances Board argued that circumstances had changedhad changed

Exorbitant costs were a changed factorExorbitant costs were a changed factor Aguilar was no longer good lawAguilar was no longer good law

In Kiryas Joel, five justices asserted that In Kiryas Joel, five justices asserted that Aguilar should be reconsidered.Aguilar should be reconsidered.

Aguilar had been undermined by recent Aguilar had been undermined by recent decisions including:decisions including:

Witters v. Washington Dept. of Services for the Witters v. Washington Dept. of Services for the BlindBlind

Zobrest v. Catalina Foothills School District Zobrest v. Catalina Foothills School District

Kiryas Joel Village School v. GrumetKiryas Joel Village School v. Grumet

In 1989, the New York legislature passed a school In 1989, the New York legislature passed a school districting law that intentionally drew its boundaries in districting law that intentionally drew its boundaries in accordance with the boundaries of the Village of Kiryas accordance with the boundaries of the Village of Kiryas Joel.Joel.

Taxpayers and the association of state school boards Taxpayers and the association of state school boards sued claiming that the statute violated the Establishment sued claiming that the statute violated the Establishment Clause.Clause.

Court held that the statute’s purpose was to exclude all Court held that the statute’s purpose was to exclude all but those who lived in and practiced the village enclave’s but those who lived in and practiced the village enclave’s extreme form of Judaism.extreme form of Judaism.

The essence of the Establishment Clause is that The essence of the Establishment Clause is that government should not demonstrate a preference for government should not demonstrate a preference for one religion over another, or religion over non-religion in one religion over another, or religion over non-religion in general.general.

Witters v. Washington Department of Witters v. Washington Department of Services for the BlindServices for the Blind

WA supreme court held that WA supreme court held that providing state financial providing state financial assistance to someone who assistance to someone who wanted to become a religious wanted to become a religious professional “clearly has the professional “clearly has the primary effect of advancing primary effect of advancing religion.”religion.”

U.S. Supreme Court held that U.S. Supreme Court held that vocational assistance provided vocational assistance provided under the WA program is paid under the WA program is paid directly to the student who directly to the student who transmits it to the educational transmits it to the educational institution of his or her choice institution of his or her choice and as such does not directly and as such does not directly support a religious institution.support a religious institution.

Zobrest v. Catalina Foothills Zobrest v. Catalina Foothills School DistrictSchool District

Supreme Court held Supreme Court held that the that the Establishment Clause Establishment Clause did not bar the school did not bar the school district from providing district from providing a sign language a sign language interpreter for a interpreter for a student who attended student who attended a religious high a religious high school. school.

Agostini v. Felton DecisionAgostini v. Felton Decision

In a 5-4 decision, the In a 5-4 decision, the U.S. Supreme Court U.S. Supreme Court ruled that Aguilar was ruled that Aguilar was not longer “Good not longer “Good Law” and that Law” and that petitioners were petitioners were entitled to relief from entitled to relief from the operation of the the operation of the District Court’s District Court’s injunction under Rule injunction under Rule 60(b)(5).60(b)(5).

Agostini v. Felton DecisionAgostini v. Felton Decision

The Court abandoned the The Court abandoned the assumption that public assumption that public school employees will school employees will inculcate religion just inculcate religion just because they teach in a because they teach in a classroom in a religious classroom in a religious school.school.

The system of The system of supervising Title I supervising Title I teachers that NY had in teachers that NY had in place was sufficient and place was sufficient and did not result in excessive did not result in excessive entanglement.entanglement.

Majority and DissentingMajority and Dissenting

Voting with the majority were Chief Justice Voting with the majority were Chief Justice Rehnquist and Justices O’Connor, Scalia, Rehnquist and Justices O’Connor, Scalia, Kennedy, and Thomas.Kennedy, and Thomas.

Justice Souter filed a dissent in which Justice Souter filed a dissent in which Justices Stevens, and Ginsburg joined in Justices Stevens, and Ginsburg joined in full and Justice Breyer joined in part.full and Justice Breyer joined in part.

Justice Ginsburg filed a dissent in which Justice Ginsburg filed a dissent in which Justices Stevens, Souter, and Breyer Justices Stevens, Souter, and Breyer joined.joined.

Subsequent Cases in the 8Subsequent Cases in the 8thth Circuit and MinnesotaCircuit and Minnesota

Foley v. Special School Foley v. Special School District of St. Louis District of St. Louis County (1998)County (1998) The Court held that the The Court held that the

school district did not have school district did not have to provide special to provide special education services in a education services in a private-parochial school private-parochial school because of IDEA as it was because of IDEA as it was amended in 1997.amended in 1997.

Not necessarily great Not necessarily great educational policy for state educational policy for state of Missouri to not allow of Missouri to not allow public in private, but was public in private, but was allowed under new law.allowed under new law.

Subsequent Cases in the 8Subsequent Cases in the 8thth Circuit and MinnesotaCircuit and Minnesota

Westendorp v. Wedl Westendorp v. Wedl (1998)(1998) The Court held that the The Court held that the

school district had to pay school district had to pay for the cost of a for the cost of a paraprofessional at the paraprofessional at the same rate they would be same rate they would be paying at the public school.paying at the public school.

Decision was based on Decision was based on IDEA as it existed prior to IDEA as it existed prior to its amendment in 1997.its amendment in 1997.

Subsequent Cases in the 8Subsequent Cases in the 8thth Circuit and MinnesotaCircuit and Minnesota

Stark v. Independent Stark v. Independent School District #640 School District #640 (1997)(1997) The Court held that a The Court held that a

Vesta, MN school could Vesta, MN school could remain open and supported remain open and supported by the public school district.by the public school district.

The school was not The school was not established as a religious established as a religious school and was not school and was not teaching religion.teaching religion.

Recommendations and Recommendations and ApplicationsApplications

According to the decision in Agostini, not According to the decision in Agostini, not all entanglements between church and all entanglements between church and state generate excessive conflict.state generate excessive conflict. Not all policies either establish or inhibit Not all policies either establish or inhibit

religion.religion. Law changes (IDEA, IDEA 1997, IDEIA)Law changes (IDEA, IDEA 1997, IDEIA)

Sometimes states are allowed more Sometimes states are allowed more independence.independence.

Requirements for provision of services and Requirements for provision of services and criteria for disabilities changes.criteria for disabilities changes.