These rulings have the potential have further facilitating faith based school growth, outreach and programs. One of the more recent rulings is Carson v. Makin, when the high court clearly determined: “A state need not subsidize private education but once a state decides to do so, it cannot disqualify some private schools solely because they are religious.” Two prior cases impacted this decision:
Trinity Lutheran Church of Columbia Inc. v. Comer, June 2017: The Supreme Court ruled that religious organizations, such as Trinity Lutheran, cannot be excluded from state programs that have a secular intent. the Missouri Department of Natural Resources (Missouri DNR) violated the Free Exercise Clause of the First Amendment of the U.S. Constitution by denying Trinity Lutheran Church Child Learning Center (a Missouri preschool and daycare center), based on its religious status, a grant under a State program that provides reimbursement for the purchase of playground surfaces made from recycled tires.
Espinoza v. Montana, July 2020: The high court ruled Montana cannot exclude religious schools from receiving tax credit-funded scholarships under its school choice program.
Other rulings in this succession include:
Arizona Christian School Tuition Org. v. Winn, 131 S. Ct. 1436 (2011).: With this case, the Court addressed whether plaintiff taxpayers had the right to challenge the constitutionality of an Arizona state law providing tax credits to donors to school tuition organizations (STOs). The Court distinguished between governmental expenditures and tax credits, noting that the Arizona taxpayers that contributed to the STOs spent their own money, not money that the State collected from other taxpayers.
Zelman v. Simmons-Harris, 536 U.S. 639 (2002): The Court addressed the constitutionality of the Pilot Project Scholarship Program, an Ohio school voucher program, which provided students in low-performing school districts operating under state control with (i) tuition to attend participating public or private schools and (ii) tutorial aid (for students remaining in public schools). A majority of these children’s parents chose to use the vouchers to enroll them in religiously affiliated schools. The Court concluded that the voucher program did not violate the Establishment Clause of the First Amendment because it was neutral with regard to religion and provided funds to “a broad class of private citizens” who ultimately decided where to direct the Program funds.
Mitchell v. Helms, 530 U.S. 793 (2000): The Court addressed the constitutionality of Chapter 2 of the Education Consolidation and Improvement Act of 1981, under which federal funds were distributed to local educational agencies (LEAs) via state educational agencies (SEAs). In turn, these federal funds went toward lending educational materials and equipment to both public and nonprofit private schools. The Court found that, because the aid was allocated on the basis of neutral and secular criteria applied to both religious and secular schools, it did not define its recipients by reference to religion.
The full article from which the additional cases may be drawn from appear here: Selected U.S. Supreme Court Rulings Related to Private and Home Schools – US Department of Education
It is interesting to note that these battles are long standing and that The Supreme Court recognizes that US Constitution guarantees parents the right to direct the education of their children as per a 1925 decision, Pierce v. Society of Sisters. From the decision: “The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations. (268 U.S. at 535)”
The upshot of this is that barriers to children attending private faith-based schools continue to be challenged and torn down. As a consequence there is greater pool of candidates eligible for private and faith based schools, which in turn places a higher demand on the existing schools. Per this article from the CATO Institute private schools are seeing a ride in enrollment: Survey: 55 Percent of Private Schools See Enrollment Rise . The article notes: “Most schools had increased applications, and almost half had more applicants than spaces”
The continued state of public schools will continue to drive demand for private and faith based schools as well per this article from The American Spectator: Public School Tactics Feed Private School Enrollment
The upshot is that if you are a private school you will be seeing tremendous pressure on your enrollment and your facilities. That being so you may need help in responding to your current need, determining your future needs and planning for same. Studio 285 Architecture as backstopped by Hollis + miller Architects can be there to help you out. Andrew Mitchell, principle architect of Studio 285 Architecture has extensive experience with K through 12 educational. Moreover he has the insight of an insider, having taught nearly every grade and every subject. Hollis + Miller Group Architects is a ‘powerhouse’ firm in the educational field out of Kansas City. They have depth and are here to stay, having just celebrated their 70th anniversary.
Give us a ring, an email or even drop us a letter. We would love to talk.
Andrew E. Mitchell, principal, Studio 285 Architecture, dba
info@studio285architecture.com 605-651-5000 Studio 285 Architecture