State Aid to Private Institutions of Higher Education--the Development of Guidelines
Author | : Leonard A. Rhine |
Publisher | : |
Total Pages | : 444 |
Release | : 1983 |
ISBN-10 | : OCLC:9882353 |
ISBN-13 | : |
Rating | : 4/5 (53 Downloads) |
Book excerpt: The objective of the research was to develop guidelines that would determine the appropriateness and legality of state aid to private colleges and universities. Florida's Tuition Voucher Fund Legislation was used to illustrate the applicability of the guidelines to state law. Federal Supreme Court decisions have established a distinction between aid to sectarian primary and secondary schools and aid to institutions of higher learning. The educational experience on the lower level is defined as pervasively sectarian with such programs as the support for repair and maintenance of schools; reimbursements for mandated services and tuition; and deductions from income tax being unconstitutional aid. Other Supreme Court decisions have resulted in the development of the three-tiered test which defines what types of governmental aid to sectarian colleges are permissible. A governmental program must neither advance nor inhibit religion; have a secular legislative purpose; nor foster excessive governmental entanglement. Many tuition grant and facilities building programs have passed the test. Related state-level decisions have incorporated the concepts developed on the higher level. Other state-level cases involve state constitutional restrictions which often are more strict than federal requirements. The constitutions of several states have been amended to permit governmental aid to private colleges. The guidelines for governmental aid to private colleges are: a statute must have a primary effect of neither advancing nor inhibiting religion; must have a secular legislative purpose; must not foster excessive governmental entanglement with religion; must comply with state constitutional regulations; and must contain a non-discrimination clause; the participating colleges must be accredited. Florida's Tuition Voucher Fund was initiated in 1978. The statute incorporates five of the six developed guidelines lacking only a non-discrimination clause. In using Florida's program to illustrate the usefulness of the guidelines, the possibility of wider applicability can be noted. Usage of these guidelines would result in a constitutionally valid and appropriate program.