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

  • California K–12 District Finishes Renovations on Multi-Sport Stadium

    The Alameda Unified School District (AUSD) in Alameda, Calif., recently announced the completion of a renovation project on the Encinal Jr. & Sr. High School stadium, according to a news release. The district partnered with Quattrocchi Kwok Architects (QKA) and Bothman Construction on the facility, and funding came from Bond Measure B.

  • Moline-Coal Valley School District to Consolidate Two Schools into New Facility

    The Moline-Coal Valley School District in Moline, Ill., recently broke ground on a new elementary school that will consolidate the students and staff from two existing schools, according to local news. Robert Ontiveros Elementary School will serve as the new home for Lincoln-Irving Elementary School and Willard Elementary School.

  • 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.

  • 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).