is attributable to `the private choices of individual parents' ") (quoting Mueller v. Allen, U.S. 388, 398 and Religious Liberty v. Secretary, U. S. Dept. Learn more about the mythic conflict between the Argives and the Trojans. The Title I services themselves must be "secular, neutral, and nonideological," §6321(a)(2), and must "supplement, and in no case supplant, the level of services" already provided by the private school, 34 CFR § 200.12(a) (1996).

In this case, the Court overruled its decision in Aguilar v.

413 1 v. Allen, Edwards v. Aguillard, In sum, if a line is to be drawn short of barring all state aid to religious schools for teaching standard subjects, the Aguilar%Ball line was a sensible one capable of principled adherence. 34 CFR § 200.27(c) (1996).

(citing Lynch v. Donnelly, The Becket Fund for Religious Liberty, n.d. This case stands for the proposition that the Establishment Clause is not static, but rather dynamic and jurisprudence regarding its application needs to be reviewed in terms with societal changes. of Ed., 739 F. 2d 48, 51 (CA2 1984), the Board initially arranged to transport children to public schools for after school Title I instruction.

Justice O'Connor concluded that the program “does not run afoul of any of three primary criteria we currently use to evaluate whether government aid has the effect of advancing religion: it does not result in governmental indoctrination; define its recipients by reference to religion; or create an excessive entanglement.

Id., at 385. The Becket Fund for Religious Liberty.

Mt. .

. The third argument is given the most examination by the Court. The District Court permitted the parents of a number of parochial school students who were receiving Title I services to intervene as codefendants. Applying these rationales to the Board's case, the Court determined that the program, previously found unconstitutional in Aguilar, was neither aiding nor inhibiting religion in an impermissible fashion.

.

v. Mergens. Since Aguilar came down, no case has held that there need be no concern about a risk that publicly paid school teachers may further religious doctrine; no case has repudiated the distinction between direct and substantial aid and aid that is indirect and incidental; no case has held that fusing public and private faculties in one religious school does not create an impermissible union or carry an impermissible endorsement; and no case has held that direct subsidization of religious education isconstitutional or that the assumption of a portion of a religious school's teaching responsibility is not direct subsidization.

Agostini was unusual in that the Supreme Court reviewed-and overturned-its own decision made in a 1985 case, Aguilar v. Felton. Ball, supra, at 390. We are unwilling to speculate that all sectarian schools provide remedial instruction and guidance counseling to their students, and are unwilling to presume that the Board would violate Title I regulations by continuing to provide Title I services to students who attend a sectarian school that has curtailed its remedial instruction program in response to Title I. U.S. 388, 401 . Before that firm instruction, lower courts sometimes inquired whether an earlier ruling of this Court had been eroded to the point that it was no longer good law.

But what exactly the Court thinks Ball and Aguilar inadequately considered is not clear, given that evenhandedness is a necessary but not a sufficient condition for an aid program to satisfy constitutional scrutiny.

.

Aguilar, supra (limiting holding to on premises services); Walker v. San Francisco Unified School Dist., 46 F. 3d 1449 (CA9 1995) (same); Pulido v. Cavazos, 934 F. 2d 912, 919-920 (CA8 1991); Committee for Public Ed. . This holding allowed for Title I funds to be sent directly to parochial schools, for their own use, so long as it was not inconsistent with the Establishment Clause.

RACHEL AGOSTINI, et al., PETITIONERS 96-552v. There is no suggestion in the record that the system New York City has in place to monitor Title I employees is insufficient to prevent or to detect inculcation. of Disciplinary Counsel of Supreme Court of Ohio, Posadas de Puerto Rico Assoc. In Aguilar v. Felton,

473 U.S., at 414 U.S. 421, 429 1110, 1117 (ED La.

Seminole Tribe of Fla. v. Florida, 517 U. S. ___, ___ (1996) (slip op., at 20-21); Payne, supra, at 828; St. Joseph Stock Yards Co. v. United States,
Further, the services offered to children attending private schools were to be "equitable in comparison" to the services offered to children attending public school.

Infoplease is a reference and learning site, combining the contents of an encyclopedia, a dictionary, an atlas and several almanacs loaded with facts. [

Aguilar v. Felton, Brief for Respondents 26.

Zobrest v. Catalina Foothills School Dist.,

Respondents counter that, because the costs of providing Title I services off site were known at the time Aguilar was decided, and because the relevant case law has not changed, the District Court did not err in denying petitioners' motions. The continuity of the law, indeed, is matched by the persistence of the facts. 403 U.S. 602 First, there is no reason to presume that, simply because she enters a parochial school classroom, a full time public employee such as a Title I teacher will depart from her assigned duties and instructions and embark on religious indoctrination, any more than there was a reason in Zobrest to think an interpreter would inculcate religion by altering her translation of classroom lectures.

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487

Despite the problematic use of Rule 60(b), the Court "see[s] no reason to wait for a `better vehicle.'

473 U.S. 373

.

We've got you covered with our map collection. The Court agreed to rehear the case based on the petitioners' argument that the composition of the Court had changed; furthermore, the effects of the first ruling had imposed a huge financial burden on the school district.

417 (1992) (observing that a decision is properly overruled where "development of constitutional law since the case was decided has implicitly or explicitly left [it] behind as a mere survivor of obsolete constitutional thinking"). In Ball and Aguilar, the Court gave this consideration no weight. The Second Circuit agreed and affirmed. Proc. It noted that, indeed, five of the Justices had advocated a reconsideration of Aguilar when deciding another case. Stay up-to-date with FindLaw's newsletter for legal professionals.

. placing public employees in a sectarian school, Zobrest,

U.S. 402, 413 v. Grumet, Arizona Christian Sch.

Furthermore, since the applicable case law had not changed since the Aguilar decision, there was nothing the Court could see as constituting a substantial change in factual circumstances. Ante, at 17.

Second, we have departed from the rule relied on in Ball that all government aid that directly aids the educational function of religious schools is invalid. U.S. 257, 263 (1974). 333. [ In summarizing its position, the Court notes: New York City's Title I program does not run afoul of any of three primary criteria we currently use to evaluate whether government aid has the effect of advancing religion: it does not result in governmental indoctrination; define its recipients by reference to religion; or create an excessive entanglement.

v. Felton et al., also on certiorari to the same court. This case seeks to reverse the Court’s mandate in a prior case, Aguilar v. Felton, 473 U.S. 402 (1985), on the grounds that Establishment Clause jurisprudence has changed and thereby overruled the holding of Aguilar. (1985). U.S. 226, 248 ("[W]e cannot ignore here the danger that pervasive modern governmental power will ultimately intrude on religion .

Held.

for Cert. Pp. Synopsis of Rule of Law. 434

And our appellate role here is limited to reviewing that determination.

It is simplest to recognize why entanglement is significant and treat it--as the Court did in Walz--as an aspect of the inquiry into a statute's effect. The Court may disagree with Ball's assertion that a publicly employed teacher working in a sectarian school is apt to reinforce the pervasive inculcation of religious beliefs, but its disagreement is fresh law.


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