Divided Court Rejects Title I Services Ban

In the upcoming fall, public school teachers will be returning to religious schools to offer remedial services to students in need. This change comes as a result of the US Supreme Court’s overturning of a decision made in 1985, which restricted these classes to mobile vans and other off-site locations. The Department of Education will notify school districts in the coming weeks that they can immediately start implementing the high court’s decision, which states that the US Constitution does not prohibit Title I instructors from providing services to eligible religious school students on their premises.

Mary Jean LeTendre, the director of the Title I program for the Department of Education, stated that teachers can begin the transition right away. Additionally, the department will advise that the federal funds allocated for mobile vans and alternative means of serving Title I students can now be used to buy out leases for these vehicles or for establishing "neutral sites" off religious school campuses, where the Title I services were previously administered.

At the same time, educators and legal experts are engaging in a more extensive debate about the broader impact of the Supreme Court’s decision in the Agostini v. Felton case. Supporters of school choice argue that this ruling has opened the door for voucher programs, where the government would pay for students to attend religious schools. Others see it as a limited ruling that does not allow government funding to directly support church-affiliated schools. It’s important to note that while students in religious schools qualify for federal remedial help under Title I, no public funds go directly to their schools.

The Agostini case overturned the court’s previous decision in Aguilar v. Felton, which ruled that sending public school teachers to religious schools violated the First Amendment’s prohibition against government establishment of religion. Both cases revolved around New York City’s Title I program. Justice Sandra Day O’Connor, writing for the majority in the Agostini case, stated that sending Title I teachers to religious schools, with the proper safeguards, does not infringe upon the criteria used to assess whether government aid advances religion. These criteria include avoiding governmental indoctrination, defining recipients based on religion, and preventing excessive entanglement with religion.

The court also overruled part of the School District of Grand Rapids v. Ball case, which had struck down a local program known as the Shared Time program in Michigan. This program provided both remedial instruction similar to Title I and enrichment classes in subjects not included in the private schools’ core curriculum. Justice O’Connor argued in Agostini that subsequent high court decisions, such as Witters v. Washington Department of Services for the Blind in 1986 and Zobrest v. Catalina Foothills School District in 1993, have significantly altered the landscape of church-state relations. These rulings affirmed the provision of aid to a blind student attending a Christian seminary and the provision of a sign language interpreter for a deaf student attending a Roman Catholic high school, respectively.

Justice Souter, who wrote the main dissent, expressed concern that the majority’s ruling would permit the government to fund the entire cost of instruction in any ostensibly secular subject at any religious school. Justices Stevens and Ginsburg signed the entirety of Justice Souter’s dissent, while Justice Breyer signed part of it.

Overall, the Supreme Court’s decision in Agostini v. Felton has significant ramifications for the educational landscape, raising debates about school choice and the balance between government aid and religious institutions.

At Sacred Heart Primary School in the Bronx, approximately 70 students who qualify for Title I services have to walk just one block to access these services in a mobile unit. Joanne Walsh, the school’s principal, believes that having the teachers back in the school building will be much more beneficial for the students because they will be able to focus on their tasks. The change that the New York City school system fought hard for does not mean they will receive extra Title I funding that can be directed towards the classroom. The company that provided the mobile classrooms insisted on a five-year lease three years ago, fearing that the Aguilar decision might be overturned. As a result, the board of education will have to pay around $27 million over the next two years for buses they mostly will not require. However, the board of education believes they can find other uses for these buses since there is overcrowding in public schools. Other districts have mentioned that they may encounter difficulties in returning Title I teachers to religious schools because they are currently leasing classrooms in neutral sites. In some cities, overcrowded religious schools do not have the space to accommodate additional Title I classes.

Breaking the lease may be an option for districts if they want to use federal funds designated for costs related to the Aguilar decision to get rid of leases for mobile units or classroom space. The Education Department hopes to provide administrators with a question-and-answer guidance document by July 18 to clarify this matter.

The Clinton administration has requested $41 million for Title I capital expenses for the next year, maintaining the same funding level as in this year’s federal budget. Across the country, approximately 173,000 children attending private schools receive Title I services, with the majority of them attending religious schools. The Education Department expects that after the 1998 budget year, funding for alternative delivery methods will likely cease as a result of the Agostini ruling. They believe it would be more suitable to find other ways to facilitate arrangements.

Apart from the impact on Title I services, the Agostini ruling also raises questions about other forms of government aid to religious schools. Supporters of school vouchers see the ruling as a positive development for their cause. Clint Bolick, the litigation director of the Institute for Justice, a conservative legal-advocacy group based in Washington, believes that the decision will pave the way for more successful school choice initiatives, such as those seen in Milwaukee, Cleveland, and Vermont. However, a judge in Vermont recently took the Agostini ruling into account and still ruled against a school district paying for students to attend a Catholic high school.

Your assignment is to paraphrase and recreate the entire passage using more refined vocabulary and writing style, while ensuring the content remains distinctive. The final output should be in English. The given text to be rephrased is as follows:

"Your task is to rewrite the entire text in better words and make it unique with natural language."


  • reubenyoung

    Reuben Young is a 39-year-old educational blogger and school teacher. He has been teaching in the United States for over 10 years, and has written extensively on educational topics. He is also a member of the American Educational Research Association (AERA), and has been honored with several awards.



Reuben Young is a 39-year-old educational blogger and school teacher. He has been teaching in the United States for over 10 years, and has written extensively on educational topics. He is also a member of the American Educational Research Association (AERA), and has been honored with several awards.

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