U.S. Department of Education Finds ESEA Restriction on Religious Organizations Unconstitutional, Will No Longer Enforce

Washington, D.C. – U.S. Secretary of Education Betsy DeVos announced today at the Council for American Private Education (CAPE) State Directors Annual Meeting that the Department will no longer enforce a restriction barring religious organizations from serving as contract providers of equitable services solely due to their religious affiliation.

The U.S. Department of Education, in consultation with the U.S. Department of Justice, determined the statutory provisions in Section 1117(d)(2)(B) and 8501(d)(2)(B) of the Elementary and Secondary Education Act (ESEA) that require an equitable services provider to “be independent of … any religious organization” are unconstitutional because they categorically exclude religious organizations based solely on their religious identity.

These provisions run counter to the U.S. Supreme Court decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017) that, under the Free Exercise Clause of the First Amendment of the U.S. Constitution, otherwise eligible recipients cannot be disqualified from a public benefit solely because of their religious character.

Given this decision, the Department will no longer enforce these provisions that previously restricted school districts from contracting with religious organizations to provide equitable services on the same basis as any other organization.

“The Trinity Lutheran decision reaffirmed the long-understood intent of the First Amendment to not restrict the free exercise of religion,” said Secretary DeVos. “Those seeking to provide high-quality educational services to students and teachers should not be discriminated against simply based on the religious character of their organization.”

The Department will continue to enforce all other applicable provisions of federal law. In particular, under ESEA Sections 1117(a)(2) and 8501(a)(2), school districts must continue to ensure that any contractor is independent of the private school for which it is providing services and that the educational services and other benefits being provided by the contractor are “secular, neutral and non-ideological.”

Featured

  • Spaces4Learning Announces 2026 Product Award Winners

    Spaces4Learning has just announced the winners of the 2026 Product Awards! The award program spotlights outstanding product development achievements of manufacturers and suppliers whose products or services are considered to be particularly noteworthy in their ability to enhance K–12 and higher-education learning environments.

  • UT-San Antonio Begins Residence Hall Renovations

    The University of Texas at San Antonio recently began a $6-million renovation project to one of its residence halls, according to a news release. Originally completed in 1986, Chisolm Hall measures in at 120,860 square feet and is the oldest and largest residence hall on campus.

  • Missouri K–12 District Cuts Ribbons on Two New Middle Schools

    Springfield Public Schools in Springfield, Mo., recently celebrated the completion of two new middle school facilities with ribbon-cutting ceremonies, according to a district news release. The district officially opened the new Pipkin Middle School and Reed Academy on Sept. 3, both of which were funded through the $220-million Proposition S bond program approved by voters in 2023.

  • GeoCam and UCLA: Modernizing Campus Accessibility Mapping

    In early 2025, UCLA partnered with GeoCam to capture and modernize its pedestrian infrastructure data. The goal was ambitious but clear: to produce a high-accuracy, imagery-backed digital map of every sidewalk, pathway, ramp, and ADA-related feature on UCLA’s 419-acre campus.