Law & Courts

Court: Maine Aid Program Can Bar Religious Schools

By Joetta L. Sack — November 02, 2004 3 min read
  • Save to favorites
  • Print

School districts in Maine are not required by the U.S. Constitution to pay tuition for students at religious high schools even when they pay for secular private schools.

A three-judge panel of the U.S. Court of Appeals for the 1st Circuit, in Boston, ruled unanimously last month against two families that had sought to require their school district to pay tuition at a Roman Catholic high school.

Some districts in the largely rural state have long-standing voucher-like programs, called “tuitioning,” in which they pay to enroll students at secular private schools or public schools in other districts when the home districts do not run their own high schools.

Several parents in the town of Minot, Maine, sought to have the district pay the tuition for sending their children to St. Dominic’s Regional High School, a local Catholic school. They argued in their 2002 lawsuit that a state law that bars religious schools from the tuitioning program violates their 14th Amendment right to equal protection of the law.

The families live within the borders of the 410-student Minot district, which operates a K-8 school but contracts with the neighboring Poland, Maine, district to educate its high school students. The district also will pay tuition at secular private schools for up to 10 percent of its high school population if parents can show that their children’s educational needs cannot be met at the public high school.

The parents in the lawsuit, John and Belinda Eulitt and Kelly J. MacKinnon, said that their daughters’ educational needs could not be met because the public school does not offer classes in Catholic doctrine or teach from a Catholic viewpoint. The two girls are attending St. Dominic’s with their parents paying the tuition.

“The [Maine] statute obviously and blatantly discriminates against religious private schools, because they are religious and because they teach a religious point of view,” said Steven Whiting, a Portland, Maine, lawyer who represents the families.

The same issue was litigated extensively in the 1990s in Maine and Vermont, which has a similar tuitioning program, with state and federal courts generally holding that districts were not obligated to pay religious school tuition even when they covered costs at secular private schools.

Recent Rulings Weighed

The 1st Circuit court panel analyzed the Minot case under more recent U.S. Supreme Court decisions on government aid for religious schooling. The first was the high court’s 2002 ruling in Zelman v. Simmons-Harris that upheld a state program that pays for Cleveland schoolchildren to attend religious schools. The second was its ruling from earlier this year in Locke v. Davey, which upheld a Washington state scholarship program that prohibits students’ use of the state aid to pursue degrees in theology.

The 1st Circuit panel concluded that neither ruling required it to disturb a 1999 decision by another panel of its court that Maine’s prohibition against including religious schools in the tuitioning program did not violate parents’ First Amendment right to free exercise of religion.

“Maine’s decision not to extend tuition funding to religious schools does not … require residents to forgo religious convictions in order to receive the benefit offered by the state—a secular education,” said the Oct. 22 opinion by U.S. Circuit Judge Bruce M. Selya.

Mr. Whiting said he believes he could have had a stronger case if the Catholic school had been his plaintiff, but the school declined to participate. He said he is doubtful that he will appeal any further.

A similar case is weaving its way through Maine’s state court system. On Oct. 4, a state judge also upheld the Maine law that bars districts from paying tuition at religious schools. The plaintiffs announced last month that they are appealing that case to the state supreme court.

Related Tags:

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Why It Will Now Be Easier for Educators to Sue Over Job Transfers
The case asked whether transferred employees had to show a 'significant' change in job conditions to sue under Title VII. The court said no.
8 min read
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. The high court on Wednesday, April 17, 2024, made it easier for workers, including educators, to sue over job transfers.
Patrick Semansky/AP
Law & Courts Oxford School Shooter's Parents Were Convicted. Holding District Liable Could Be Tougher
The conviction of parents in the Oxford, Mich., case expanded the scope of responsibility, but it remains difficult to hold schools liable.
12 min read
Four roses are placed on a fence to honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in last week's shooting, outside Oxford High School in Oxford, Mich., on Tuesday, Dec. 7, 2021.
Four roses are placed on a fence outside Oxford High School in Oxford, Mich., honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in the Nov. 30, 2021, shooting at the school.
Jake May/The Flint Journal via AP
Law & Courts Oklahoma Supreme Court Weighs 'Test Case' Over the Nation's First Religious Charter School
The state attorney general says the Catholic-based school is not permitted under state law, while supporters cite U.S. Supreme Court cases.
5 min read
Oklahoma Attorney General Gentner Drummond is pictured Wednesday, Feb. 1, 2023, during an interview in Oklahoma City.
Oklahoma Attorney General Gentner Drummond, pictured in February, argued April 2 before the state supreme court against the nation's first religious charter school.
Sue Ogrocki/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP