Skip to main content
Add as a preferred source on Google

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

  • 03/11/19

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

  • Illinois District Boosts Security at High-School Stadium

    Richmond-Burton Community High School in Richmond, Ill., recently announced that it has completed the redesigned entrance to its high school stadium with a new focus on school security and community engagement, according to a news release. The district partnered with Wold Architects and Engineers on the project as part of District #157’s year-long facilities master plan.

  • Utah Valley University Opens New Engineering Building

    Utah Valley University in Orem, Utah, recently held a grand-opening ceremony for the new Scott M. Smith Engineering Building, according to a news release. The facility is one of the largest engineering buildings in the state at almost 200,000 square feet, and it plays home to the university’s Smith College of Engineering and Technology (SCET).

  • Houston K–12 District Opens New Elementary School

    The Lamar Consolidated Independent School District (Lamar CISD) recently announced the completion of a new elementary school in a western suburb of Houston, Texas, according to a news release. Haygood Elementary School measures in at 110,000 square feet, has the capacity for 854 students, and is the first of three new schools scheduled to be built in the Cross Creek West community.

  • Harvard Announces Replacement Facility for Native American Program

    Harvard University in Cambridge, Mass., recently announced that construction will begin this spring on a new home for its Native American Program, according to university news. The 6,500-square-foot, all-electric building will stand three stories and serve as the central hub for the Harvard University Native American Program (HUNAP).