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Agostini v. Felton
''Agostini v. Felton'', , is a landmark decision of the Supreme Court of the United States. In this case, the Court overruled its decision in ''Aguilar v. Felton'' (1985), now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement" between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence.
==Background==
In 1965, Congress enacted Title I of the Elementary and Secondary Education Act with the goal of providing adequate education to all children in the United States, regardless of individual economic conditions. This service, abbreviated as Title I, distributed federal funds to state governments, which, in turn, disbursed the funds to local education agencies. This funding was to be put towards providing remedial education services for low-income students who were at significant risk of failing to meet state academic performance standards. By law, these education services were to be provided to eligible students, whether enrolled in public school or not. Further, the services offered to children attending private schools were to be "equitable in comparison" to the services offered to children attending public school. All educational services were to be of a secular, neutral, and non-ideological nature.
In 1966, the Board of Education of the City of New York ("Board") applied for Title I funding. In the eligible districts in New York City, 10% of schoolchildren attend private school, and of those 10%, 90% attended schools of a particular religious ideology. To prevent First Amendment complications, the Board arranged to bus private school attendees to public schools for after-school instruction. This plan failed, and another one was adopted, which failed as well. The Board then moved on to a plan whereby public school teachers would be permitted to provide instruction in the private school buildings themselves. A number of stipulations were attached to this, aimed at preventing a violation of the Establishment Clause, including mandatory surprise visits by state-employed supervisors and removal of all religious articles from the room to be used for Title I instruction. This plan was reviewed by the Supreme Court in ''Aguilar v. Felton'', where it was deemed to create a constitutionally impermissible "entanglement" between government and religion. The District Court, on remand, issued an injunction, enjoining the Board from following a Title I plan that violated the decision.
After the Court's decision in Aguilar, the Board had to devise a new plan to provide Title I services without creating a conflict between Church and State. This plan involved spending over $100,000,000 in leasing property and vehicles to provide areas for public school teachers to instruct their students. This money, incurred annually over a series of years, had to be deducted from the Title 1 grant before the grant money was to be used for actual services provided, resulting in a net decrease in available funds for remedial education. In 1995, the Board, along with a group of parents of eligible parochial school attendees, filed motions in District Court, seeking an exemption from the Aguilar decision under Federal Rule of Civil Procedure 60(b). This rule states, in part, that an exemption from a final judgment may be granted if it is found that it is, "no longer equitable that the judgment should have prospective application." They argued that cases decided by the Supreme Court between Aguilar and 1995 had eroded the meaning of Aguilar, and that it was no longer good law. The District Court appeared sympathetic, and said that they were pursuing the appropriate method of relief, but denied the motion, noting that Aguilar was still in effect and it was unable to offer the exemption the Board sought. The Court of Appeals for the Second Circuit affirmed the denial of the motion. The Supreme Court granted certiorari and heard arguments on April 15, 1997. Chief Corporation Counsel Paul Crotty argued on behalf of New York City, marking the last time that the city's chief attorney has appeared before the nation's highest court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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