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

  • Indiana Wesleyan University Schedules Grand Opening for New Welcome Center

    Indiana Wesleyan University recently announced that it will soon open a new Welcome Center on its campus in Marion, Ind., according to a news release. The facility will serve as the home base for prospective students and their families to learn more about the university and student life there. A ribbon-cutting ceremony is scheduled for February 19.

  • Wisconsin District Breaks Ground on New Elementary School

    The School District of La Crosse in La Crosse, Wis., recently broke ground on a new elementary school that will consolidate the students and staff of two existing schools, according to local news. Funding for the school comes from a $53-million referendum approved in 2024.

  • Surging Demand for Student Housing Fuels Major Campus Investment Opportunities

    University leaders throughout the U.S. are accelerating plans to modernize and expand student housing as enrollment stabilizes and demand for on-campus living rebounds. Recent data from the National Center for Education Statistics indicates that total postsecondary enrollment is projected to grow through the end of the decade, with undergraduate enrollment alone expected to increase by more than 8 percent by 2030.

  • Houston-Area High School Breaks Ground on 117,000SF Multi-Use Facility

    North Shore Senior High School, part of Galena Park ISD in Houston, Texas, recently broke ground on a new multi-use facility for student extracurriculars, according to a news release. The North Shore Multi-Use Facility will include dedicated practice and training space for the school’s athletics and fine arts programs.