Sunday, September 15, 2024

Zelman Hypo

Suppose instead of a voucher plan, a state decides to pass the "No Child Left Behind Act of 2024," a law that funds all K-12 education for children equally by making a per capita payment of $15,000 per child to any public or private school (extra per capita payments are made for schools that enroll disabled and certain other "special needs" children).

Does this evenhanded, religiously-neutral law violate the Establishment Clause?

Why or why not? What are the best arguments each way?

Should formal distinctions between direct and indirect funding determine the constitutionality of educational programs for children?

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