Sunday, September 15, 2024

Agostini Holding (p. 1828)

 Basically, the Court upheld the programs struck down in Felton I and Ball

The remedial courses are purely secular (they are regular public school courses simply being taught on private school campuses. As the Court puts it on p. 1832:

. . . We . . . hold that a federally funded program providing supplemental, remedial instruction  to  disadvantaged  children  on  a  neutral  basis  is  not  invalid  under  the  Establishment  Clause  when  such  instruction  is  given  on  the  premises  of  sectarian schools  by government employees pursuant to a program containing safeguards such as those present here. . . . Accordingly, we must acknowledge that Aguilar, as well as the portion of Ball addressing Grand Rapids’ Shared Time program, are no longer good law.


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